Demolition of community hall and retail unit and the construction of 23 new residential units (Class C3) with associated vehicular and pedestrian access, car parking (23 spaces), cycle parking, refuse storage, landscaping, play area and construction of new community hall (Class F2(b)) and new retail unit (Class E), and construction of 4 new areas of car parking on Four Elms Road, Foxglove Close, Wayside Drive, and Field Drive (total 41 spaces).

The proposal sought planning permission for demolition of community hall and retail unit and the construction of 23 new residential units (Class C3) with associated vehicular and pedestrian access, car parking (23 spaces), cycle parking, refuse storage, landscaping, play area and construction of new community hall (Class F2(b)) and new retail unit (Class E), and construction of 4 new areas of car parking on Four Elms Road, Foxglove Close, Wayside Drive, and Field Drive (total 41 spaces). The application had been referred to the Committee as the application had been submitted on behalf of the Council.

Members’ attention was brought to the main agenda papers and late observation sheet which amended the recommendation in relation to the s106 agreement and condition 16.

The Committee was addressed by the following speakers:

Members asked questions of clarification from the officers, which focused on the financial viability of the scheme as summarised in the Officer’s report.The Development Manager advised that the viability data was assessed and had been independently verified. It was confirmed that the scheme was unable to support affordable housing.

It was moved by the Chairman that the recommendations within the report, and the amendments to the recommendations and condition 16 within the late observations be agreed.

Members discussed the application giving consideration to the parking provision, the viability of the scheme and the need for additional housing in the District. Some concern was expressed regarding the lack of affordable housing in the proposals. However, it was noted that the scheme could not support this.

The motion was put to the vote and it was

Resolved:  That planning permission be granted subject to the completion of a S106 agreement:

·         to provide an updated viability review (trigger to be agreed with KCC)

·       together with a clawback mechanism to provide for any surplus profit to be provided to KCC towards the need for education provision generated by the development, and

·        subject to the conditions set out in the main report.

1)           The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

In pursuance of section 91 of the Town and Country Planning Act 1990.

2)           The development hereby permitted shall be carried out in accordance with the following approved plans and details:

For the avoidance of doubt and in the interests of proper planning.

3)          No development including any works of demolition or preparation works prior to building operations shall take place on site until a Construction Transport Management Plan has been submitted to and approved in writing by the local planning authority. The approved statement shall be adhered to throughout the construction period and shall include:

a)   parking for vehicles of site personnel, operatives and visitors

b)   loading and unloading of plant and materials

c)   storage of plant and materials used in constructing the development

d)   programme of works (including measures for traffic management)

e)   provision of boundary security hoarding behind any visibility zones

f)    wheel washing facilities

g)   measures to control the emissions of noise, dust and dirt during construction

h)   a scheme for the recycling/disposing of waste resulting from demolition and construction works

i)     hours of operation.

The development shall be carried out in accordance with the approved details.

To ensure that the development does not compromise safety on the highway or cause inconvenience to other highway users and protects the amenity of residents, in accordance with Policies EN1, EN2 and T1 of the Sevenoaks Allocations and Development Management Plan. Also to ensure the development does not unacceptably impact the amenities of neighbouring residents in accordance with policy EN2.

4)            No new windows or external doors shall be installed in the development until details have been submitted to the Local Planning Authority for approval in writing, such details to include elevations and sections. The development shall be carried out in accordance with the approved details.

To ensure that the appearance of the development enhances the character and appearance of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

5)            No development shall take place until a strategy of surface water drainage for the site using a Sustainable Drainage System (SuDS) has been submitted to and approved in writing by the local planning authority. The approved development shall be implemented in accordance with the approved strategy prior to the first occupation of any building and thereafter retained in that condition.

To ensure that the principles of sustainable drainage are incorporated into the development and to reduce the impact of flooding in accordance with Policy EN1 of the Sevenoaks Allocations and Development Management Plan and section 15 of the NPPF.

6)            From commencement of works (including site clearance), a precautionary approach as detailed within the Bat Survey report (KB Ecology, September 2022) will be followed during the felling of the oak tree with moderate suitability for roosting bats. Felling will be carried out under the supervision of a licensed ecologist.

To ensure the construction of the proposed development does not result in harm to protected species in accordance with policy SP11 of the Sevenoaks Core Strategy.

7)            Prior to completion, a lighting design plan for biodiversity shall be submitted to and approved in writing by the local planning authority. The plan will show how and where external lighting will be installed, as well as the expected vertical and horizontal light spill in lux levels, so that it can be clearly demonstrated that areas to be lit will not impact on existing and proposed trees and other landscaping. All lighting shall be installed in accordance with the specifications and locations set out in the plan and be maintained thereafter.

To ensure any proposed external lighting will not result in harm to protected species in accordance with policy SP11 of the Sevenoaks Core Strategy.

8)            Prior to completion, details of how the development will provide enhancement for biodiversity will be submitted to, and approved in writing by, the local planning authority. Measures will include a predominantly native species landscaping scheme and measures detailed within Section 4.10 of the Preliminary Ecological Appraisal, KB Ecology, July 2022. All wildlife boxes should be made of Woodstone/Woodcrete to ensure durability. The plan should also detail proposals for habitat management and remedial measures. The approved measures will be implemented and retained thereafter.

To ensure the proposed development will enhance the biodiversity of the site and area in accordance with policy SP11 of the Sevenoaks Core Strategy.

9)            Notwithstanding the approved plans, further details of the cycle stores shall be submitted to and approved in writing by the local planning authority prior to occupation of the development. The development shall be carried out in accordance with the approved details.

To ensure adequate provisions for cycle storage are included in accordance with policy EN1 of the Allocations and Development Management Plan.

10)        No development (excluding clearance and demolition operations) shall take place until details to minimise the risk of crime, according to the principles and physical security requirements of Crime Prevention through Environmental Design (CPTED) have been submitted to and approved in writing by the local planning authority. The approved measures shall be implemented in full prior to the first occupation of the dwellings hereby approved and thereafter retained.

To ensure the proposed development is safe for future residents in accordance with policy EN1 of the Sevenoaks Allocations and Development Management Plan.

11)        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking or re-enacting or amending those Orders with or without modification), planning permission shall be required in respect of development falling within Schedule 2, Part 1, Classes A-E.

To ensure the council can retain control over the design and scale of the development to preserve the character of the area and neighbouring amenity in accordance with policies EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan.

12)        No development shall take place until a foul drainage strategy has been submitted to and approved in writing by the Local Planning Authority. The development shall then be implemented in accordance with the approved details.

To ensure the development is served by adequate means of foul drainage in accordance with policy EN1 of the Allocations and Development Management Plan.

13)        Prior to development reaching the damp proof course, details of the location and type of electrical charging points shall be submitted to and approved in writing by the local planning authority. The details shall indicate the location of charging point and appearance of charging point. The approved charging points shall be installed prior to first occupation of the development and shall be maintained thereafter.

To encourage the use of low emissions vehicles in accordance with policy T3 of the Sevenoaks Allocations and development Management Plan.

14)        The vehicle parking spaces shown on the submitted plans shall be provided and retained in perpetuity prior to the use of the site commencing. No on-site parking spaces shall be allocated to specific residential or commercial units.

To accord with policy T2 of the Sevenoaks Allocations and Development Management Plan.

15)        Samples of the materials for the walls and roofs of the buildings shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development above damp proof course level.

To ensure that the appearance of the development is in harmony with the existing character of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

16)      Prior to first occupation, full details of soft landscape works shall be submitted to the Council for written approval. These details shall include:

·         planting plans (identifying existing planting, plants to be retained and new planting);

·         written specifications (including cultivation and other operations associated with plant and grass establishment);

·         schedules of new plants (noting species, size of stock at time of planting and proposed number/densities where appropriate); and

·         a programme of implementation.

To enhance the visual appearance of the area as supported by EN1 of the Sevenoaks Allocations and Development Management Plan.

Informatives

1)    The applicant is reminded that, under the Wildlife and Countryside Act 1981 (as amended), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this Act.

Habitats are present on and around the site that provide opportunities for breeding birds. Any work to vegetation/structures that may provide suitable nesting habitats should be carried out outside of the bird breeding season1 (1st March to 31st August inclusive) to avoid destroying or damaging bird nests in use or being built. If vegetation/structures need to be removed during the breeding season, mitigation measures need to be implemented. This includes examination by a suitably qualified and experienced ecologist immediately prior to starting work. If any nesting birds are found, works must cease until after the birds have finished nesting.

2)     Any changes to or affecting the public highway in Kent require the formal agreement of the Highway Authority, Kent County Council (KCC), and it should not be assumed that this will be a given because planning permission has been granted. For this reason, anyone considering works which may affect the public highway, including any highway-owned street furniture, is advised to engage with KCC Highways and Transportation at an early stage in the design process.